Senate narrows trespass rules for recreational access, approves measure after close vote

The Idaho Senate passed SB 10-86 on Feb. 25 by a narrow margin, 18 in favor and 16 opposed. The sponsor said the bill clarifies trespass statutes and gives local law enforcement tools to enforce trespass on public and private land where owners allow managed recreational access.

Senator Harris, who opened debate, told the Senate the bill aims to reduce confusion among law enforcement about trespass and recreational use so that access is not closed off by managers or private owners because of enforcement uncertainty. “The bill strikes a balance in protecting people from unknowingly breaking the law while still giving law enforcement the authority they need to protect both private and public managed land,” Harris said.

Opponents on the floor raised enforcement and fairness concerns. Senator Lenny described a personal example where a fishing site had been reclassified as federal land and said the bill could expose people who have used sites for decades to criminal trespass penalties; he characterized the measure as “heavy handed.” Another senator said local sheriffs and county officials in his district opposed using county resources to enforce federal land restrictions.

Harris responded that the bill’s definition of notice includes actual and constructive notice (posting, gates, signage, website or phone contact) and argued that a person must have notice before a citation can be issued: “Before you can be cited for trespass, you have to know that you're trespassing,” he said.

The roll call showed 18 in favor and 16 opposed. With a majority voting in the affirmative, SB 10-86 passed the Senate and will be sent to the House of Representatives.